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Lockhart v. State

District Court of Appeal of Florida, Second District
Jul 28, 1995
659 So. 2d 694 (Fla. Dist. Ct. App. 1995)

Opinion

No. 93-03193.

July 28, 1995.

Appeal from the Circuit Court, Polk County, Charles B. Curry, J.

Ronald N. Toward, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ron Napolitano, Asst. Atty. Gen., Tampa, for appellee.


Pursuant to a plea agreement, John Thomas Lockhart pleaded guilty to several felonies. He argues on appeal that his sentences violate the plea agreement. The record reflects that Lockhart did not object at sentencing, nor did he move to withdraw his plea. Prior to raising his sentencing issue on appeal, Lockhart must first request the trial court to reconsider its ruling or permit him to withdraw his plea. Thomas v. State, 442 So.2d 296 (Fla. 2d DCA 1993). If Lockhart is aggrieved by the trial court's decision, he can then seek review from this court. Robinson v. State, 373 So.2d 898 (Fla. 1979); Counts v. State, 376 So.2d 59 (Fla. 2d DCA 1979).

Accordingly, the judgments and sentences are affirmed without prejudice to Lockhart filing an appropriate motion in the trial court.

CAMPBELL, A.C.J., and LAZZARA, J., concur.


Summaries of

Lockhart v. State

District Court of Appeal of Florida, Second District
Jul 28, 1995
659 So. 2d 694 (Fla. Dist. Ct. App. 1995)
Case details for

Lockhart v. State

Case Details

Full title:JOHN THOMAS LOCKHART, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 28, 1995

Citations

659 So. 2d 694 (Fla. Dist. Ct. App. 1995)

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Because Noel failed to first seek relief from the trial court, we affirm. See Lockhart v. State, 659 So.2d…